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(영문) 서울고등법원 2016.12.13 2016나2053259
부당이득금 반환청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim, succession participation, and the purport of the succession.

Reasons

1. Pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance, part excluding the relevant part only for the co-defendant in the Seoul Special Metropolitan City, among the grounds of the judgment of the court of first instance

However, the following shall be partially dismissed, and the judgment on the defendant's major arguments shall be added.

2. The 5th page 13 of the judgment of the first instance court in which the part was used was "the plaintiff succeeded to the property of the plaintiff, and the Z succeeded to the property of the AA, AB, AC, AD, and the plaintiff after the death of March 16, 202."

The 5th of the judgment of the first instance court in W, each inheritor of W, shall read “W and Z” as “each inheritor of W and Z”.

On the 7th judgment of the first instance court, the "AI" shall be raised to the "AJ".

3. The defendant asserts that the court renounced the plaintiff's exclusive right to use and benefit from the O's land prior to the partition, which is the mother land of each of the land of this case, for the benefit of the use of the other surrounding lots.

However, as seen in the reasoning of the first instance judgment cited by this court, the circumstance leading up to the division of the first land before dividing all the land related to this case, which can be known through the evidence submitted by the first instance court, cannot be recognized as the defendant's above assertion, as seen in the reasoning of the first instance judgment cited by this court. In this case, the defendant did not additionally submit evidence to prove the above assertion, in addition to the evidence

Therefore, the defendant's above assertion is not accepted.

4. The decision of the court of first instance is justifiable.

The defendant's appeal is dismissed.

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